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(1)Subsections (2) to (6) apply in relation to the powers under sections 17 to 20.
(a)may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(b)may be exercised differently in different cases or circumstances;
(c)include a power to make incidental, consequential or transitional modifications.
(3)Provision included in a licence by virtue of any of the powers—
(a)need not relate to the activities authorised by the licence;
(b)may make different provision for different cases.
(4)The Secretary of State must publish details of modifications under any of the powers as soon as reasonably practicable after the modifications are made.
(5)A modification under any of the powers of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989.
(6)Where the Secretary of State makes modifications under any of the powers of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time.
(7)In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences)—
(a)after paragraph (d) omit “or”;
(b)after paragraph (e) insert “or
(f)under Chapter 1 of Part 1 of the Energy Act 2011.”
(8)In section 81(2) of the Utilities Act 2000 (standard conditions of gas licences)—
(a)for “2008 or” substitute “ 2008, ”;
(b)after “2010” insert “ or under Chapter 1 of Part 1 of the Energy Act 2011 ”.
(9)Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to the powers under sections 17 to 20 with respect to holders of licences under section 7 or 7A of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
(10)Sections 3A to 3D of the Electricity Act 1989 (principal objective and general duties) apply in relation to the powers under sections 17 to 20 with respect to holders of licences under section 6(1)(c) or (d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
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